the vehicle109 used to conceal the body of the victim.110 Four other persons - D.D.P.M., L.B.S.,
A.G.A.M. and M.D.M. - were also included in the investigations as suspects of having
participated in the crime.111
D.
Domestic proceedings
70.
On June 19, 1998, police investigation No. 18/98 regarding the death of Márcia Barbosa
de Souza was formally opened.112 After the collection of testimonial and expert evidence, the
Police Commissioner in charge of the investigation, on July 21, 1998, issued a report in which
he stated that all the evidence indicated the direct participation of the then deputy Aércio
Pereira de Lima in the crime. However, he noted that it was difficult to take the statement of
the then deputy by virtue of his prerogatives related to parliamentary immunity. The
Commissioner also concluded that there were indications of the participation of four other
persons in the crime: D.D.P.M., L.B.S., A.G.A.M. and M.D.M.113
71.
In the course of the investigations, the police authorities questioned different witnesses
about the personality, social conduct and sexuality of Ms. Barbosa de Souza. 114 Likewise, during
the criminal proceedings against Aércio Pereira de Lima, to which reference will be made below,
at the request of his attorney, more than 150 pages of newspaper articles referring to the
alleged prostitution, overdose and alleged suicide of Márcia Barbosa de Souza were
incorporated into the case file.115
72.
On July 23, 1998, the police sent the investigation report to the Public Prosecutor’s
Office,116 which asked the competent judge, some days later, for additional inquiries to be
conducted by the police authorities.117 On July 28, 1998, the judge authorized said inquiries
and assigned a term of 20 days for the police to carry them out.118
73.
On August 19, 1998, the Police Commissioner and the Prosecutor requested the
presence of the then deputy to hear his testimony. 119 On August 24, 1998, the then deputy
indicated that the request should be made to the Legislative Assembly of the state of Paraíba
due to his parliamentary prerogatives.120
Cf. Statement of the then deputy Aércio Pereira de Lima, rendered on September 24, 1998, before the
Attorney General’s Office of Paraíba (evidence file, folios 79 to 83).
110
Cf. Final report of the police department for crimes against the person, supra.
111
Cf. Request for authorization of further inquiries, presented by the Public Prosecutor’s Office to the judge,
on July 27, 1998 (evidence file, folios 54 to 57).
112
Cf. Cover page of the police investigation file (evidence file, folios 3844).
113
Cf. Report of the Police Commissioner of the department of crimes against the person of João Pessoa, of July
21, 1998 (evidence file folios 3931 to 3934).
114
For example, in response to the questions asked, U.M.S. made significant references to Márcia Barbosa’s
sexuality and to aspects of her personal life. During his testimony, on May 20, 2003, he confirmed that his wife
“expressed concern about Márcia’s excessive drug use, when she had it easy; that Márcia, the victim, was a novice
addict […]; that when questioned by the judge, he stated that Márcia Barbosa met Aércio "smelling" but at the
deponent’s house. Similarly, on September 26, 2007, in his statement before the Jury Court, M.S.C. stated that Márcia
Barbosa had gone to the Trevo Motel to “prostitute herself”, since “you don’t go [to a motel] to pray.” Cf. Provisional
decision of July 27, 2005 (evidence file, folios 576 to 577), and Statement of M.S.C, made on September 27, 2007
before the First Jury Court (evidence file, folio 3166).
115
Cf. Expert opinion rendered by Soraia da Rosa Mendes, supra (merits file, folio 10445).
116
Cf. Note of the prosecutor in the police investigation file of July 23, 1998 (evidence file, folios 3942).
117
Cf. Request for authorization of further inquiries, presented by the Public Prosecutor’s Office to the Judge,
on July 27, 1998 (evidence file, folios 54 to 57).
118
Cf. Decision of the judge of July 28, 1998 (evidence file, folio 59).
119
Cf. Official letter No. 005/98, to Aércio Pereira de Lima of August 19, 1998 (evidence file, folios 62).
120
Cf. Response of Aércio Pereira de Lima, presented on August 24, 1998 (evidence file, folios 64 and 65).
109
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